GLADYS ANITA AGYEI vs. BEN ATIPO [2020]DLHC10404

Date	2020-02-28
Suit No.	SUIT NO.: LD/0014/2019
Citation No.	[2020]DLHC10404

HER LADYSHIP JUSTICE ELLEN VIVIAN AMOAH

J. K. YEBOAH FOR THE PLAINTIFF – ABSENT

STEVE GREY FOR THE DEFENDANT – PRESENT

[2020]DLHC10404
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													<main id="main" class="content" style="min-height: 60rem" >GLADYS
ANITA AGYEI<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>BEN
ATIPO<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

SUIT NO.: LD/0014/2019&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 28TH FEBRUARY
2020<o:p></o:p>

</div>COUNSEL:<o:p></o:p>J. K. YEBOAH FOR THE
PLAINTIFF – ABSENT<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

STEVE GREY FOR THE
DEFENDANT – PRESENT<o:p></o:p>

</div>CORAM:<o:p></o:p>HER LADYSHIP JUSTICE ELLEN VIVIAN AMOAH<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">RULING<o:p></o:p>

</div>This is an application pursuant to Order 25(1) of CI 47 filed on the 8th November 2019.&nbsp; The Plaintiff&nbsp;
in a terse affidavit in&nbsp; support
simply says that&nbsp; she acquired the land
the subject matter of the suit from one Thomas Ohene and exhibited an indenture
marked Exhibit A. Plaintiff also exhibited her Land Title certificate.<o:p></o:p>The case is that the defendant has deposited sand and gravel on
the land to start development and has been trespassing on Plaintiffs land which
he uses as an access to his house.<o:p></o:p>The Respondents case is that he is not contesting ownership of
plaintiff’s land with her because his land is separate and distinct from plaintiff’s
land. That that he was a member of the Owoo family, the same family which
plaintiff claims to derive root of title from and that his land was granted to
him by his family as far back as May 2004.&nbsp;
Respondent attached a copy of his indenture as Exhibit “BAO 1”.<o:p></o:p>&nbsp;Respondent says that for
over the past nine years, he has constructed a two-bedroom single storey house
on his land and have been living in same without let or hindrance from anybody
including the plaintiff.&nbsp; He denies that
he had deposited sand and gravels on Plaintiff’s land. <o:p></o:p>&nbsp;Rather the Respondent say
that &nbsp;the alleged materials referred to
by plaintiff in her Exhibit “C” were not deposited there by him and could not
have been by him simply&nbsp; because he has
already&nbsp; developed his &nbsp;land and living in the said property. <o:p></o:p>Respondent refers to the Plaintiff’s
paragraph 7 of her affidavit in support of the instant application and says
that it gives credence to the fact that he has already built a house the land. &nbsp;<o:p></o:p>In fact Respondent denies
committing any tresspassorial acts as alleged by the Plaintiff.&nbsp; <o:p></o:p>Respondent says the road he
uses to access his house&nbsp; &nbsp;is a public road according to the &nbsp;the layout of the Ga East Municipal Assembly
(GEMA) where the land is situated and not a road.<o:p></o:p>Respondent attached&nbsp; &nbsp;Exhibit “BAO 2” showing the position of his &nbsp;land on the GEMA Property Account showing&nbsp; the position of his land and the road leading
to it as Exhibits “BAO 3” series. <o:p></o:p>&nbsp;Respondent denies
allegations of threats alleged to have been made by him towards the Plaintiff.<o:p></o:p>&nbsp;Respondent makes counter
complaint to the effect that the plaintiff has rather dug trenches on the
public road and constructing a wall to prevent the defendant from having access
to his building. He exhibited Exhibit “BAO 5” in support.<o:p></o:p>&nbsp;It is the grave worry of
the Defendant that that if the plaintiff’s application is upheld, it would mean
that he cannot have access to his house and his quiet possession would be
disturbed.<o:p></o:p>&nbsp;Critically the Respondent
says that his land is different and distinct from that of Plaintiff and prays
the court to visit the locus and prays that the plaintiff, her assigns,
workmen, agents and whosoever claims through her be restrained from carrying
out any further development on what is a public access road leading to his land
pending the final determination of the suit. <o:p></o:p>&nbsp;The effect of an interim injunction was to preserve the
subject-matter of the litigation see OWUSU V
OWUSU-ANSAH [2007-2008] SCGLR 870 where it was stated that:<o:p></o:p>“The
fundamental principle in applications fo</main>